UNIVERSITY 

OF  CALIFORNIA 

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LIBRARY 


RULES  OF  PRACTICE 


IN  CASES  BEFORE 


THE  UNITED  STATES   DISTRICT  LAND   OFFICES, 

THE  GENERAL  LAND   OFFICE,  AND  THE 

DEPARTMENT  OF  THE  INTERIOR 


APPROVED  DECEMBER  9,  1910 
EFFECTIVE  FEBRUARY  1,  1911 


[BEPRINT  NOVEMBER  10,  1915,  WITH  AMENDMENTS] 


WASHINGTON 
GOVERNMENT  PRINTING  OFFICE 
1016 


9. 
SO 


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RULES  OF  PRACTICE. 


PROCEEDINGS  REFORE  REGISTERS   AND   RECEIVERS. 
INITIATION  OF  CONTESTS. 

Rule  1.  Contests  may  be  initiated  by  any  person  seeking  to  acquire 
title  to,  or  claiming  an  interest  in,  the  land  involved,  against  a  party 
to  any  entry,  filing,  or  other  claim  under  laws  of  Congress  relating 
to  the  public  lands,  because  of  priority  of  claim,  or  for  any  sufficient 
cause  affecting  the  legality  or  validity  of  the  claim,  not  shown  by 
the  records  of  the  Land  Department. 

Any  protest  or  application  to  contest  filed  by  any  other  person 
shall  be  forthwith  referred  to  the  Chief  of  Field  Division,  who  will 
promptly  investigate  the  same  and  recommend  appropriate  action. 

APPLICATION  TO   CONTEST. 

Rule  2.  Any  person  desiring  to  institute  contest  must  file,  in  dupli- 
cate, with  the  register  and  receiver,  application  in  that  behalf,  to- 
gether with  statement  under  oath  containing : 

(a)  Name  and  residence  of  each  party  adversely  interested,  includ- 
ing the  age  of  each  heir  of  any  deceased  entryman. 

(b)  Description  and  character  of  the  land  involved. 

(c)  Reference,  so  far  as  known  to  the  applicant,  to  any  proceedings 
pending  for  the  acquisition  of  title  to  or  the  use  of  such  lands. 

(d)  Statement,  in  ordinary  and  concise  language,  of  the  facts  con- 
stituting the  grounds  of  contest. 

(e)  Statement  of  the  law  under  which  applicant  intends  to  acquire 
title  and  facts  showing  that  he  is  qualified  to  do  so. 

(/)  That  the  proceeding  is  not  collusive  or  speculative,  but  is  insti- 
tuted and  will  be  diligently  pui*sued  in  good  faith. 

(g)  Application  that  affiant  be  allowed  to  prove  said  allegations 
and  that  the  entry,  filing,  or  other  claim  be  canceled. 

(A)  Address  to  which  papers  shall  be  sent  for  service  on  such 
applicant. 

3 


4  RULES   OF   PRACTICE. 

Rule  3.^  The  statements  in  the  iipplication  must  be  corroborated  by 
the  affidavit  of  at  least  one  Avitness  having  such  personal  Imowledge 
of  the  facts  in  relation  to  the  contested  entry  as,  if  proven,  would 
render  it  subject  to  cancellation,  and  these  facts  must  be  set  forth  in 
his  affidavit. 

Rule  4.  The  register  and  receiver  may  allow  any  application  to 
contest  without  reference  thereof  to  the  commissioner;  but  they  must 
immediately  forward  copy  thereof  to  the  Commissioner  of  the 
General  Land  Office,  who  will  promptly  cause  proper  notations  to  be 
made  upon  the  records,  and  no  patent  or  other  evidence  of  title  shall 
issue  until  and  unless  the  case  is  closed  in  favor  of  the  contestee. 

CONTEST  NOTICE. 

Rule  5.  The  register  and  receiver  shall  act  promptly  upon  all 
applications  to  contest,  and  upon  the  allowance  of  any  such  applica- 
tion shall  issue  notice,  directed  to  the  persons  adversely  interested, 
containing : 

{a)  The  names  of  the  parties,  description  of  the  land  involved, 
and  identification,  by  appropriate  reference,  of  the  proceeding 
against  which  the  contest  is  directed. 

{h)  Notice  that  unless  the  adverse  party  appears  and  answers  the 
allegation  of  said  contest  within  30  days  after  service  of  notice  the 
allegations  of  the  contest  will  be  taken  as  confessed. 

(For  contents  of  notice  when  publication  is  ordered,  see  Rule  9.) 

SERVICE  OF  NOTICE. 

Rule  6.  Notice  of  contest  may  be  served  on  the  adverse  party  per- 
sonally or  by  publication. 

Rule  7.  Personal  service  of  notice  of  contest  may  be  made  by  any 
person  over  the  age  of  18  years,  or  by  registered  mail;  when  served 
by  registered  mail,  proof  thereof  must  be  accompanied  by  post-office 
registry  return  receipt,  showing  personal  delivery  to  the  party  to 
whom  the  same  is  directed ;  when  service  is  made  personally,  proof 
thereof  shall  be  by  written  acknowledgment  of  the  person  served,  or 
by  affidavit  of  the  person  serving  the  same,  showing  personal  delivery 
to  the  party  served ;  except  when  service  is  made  bj^  publication,  copy 
of  the  affidavit  of  contest  must  be  served  with  such  notice. 

Rule  8.^  Unless  notice  of  contest  is  personally  served  within  30 
days  after  issuance  of  such  notice  and  proof  thereof  made  not  later 
than  30  days  after  such  service,  or  if  service  by  publication  is  ordered, 
imless  publication  is  commenced  within  20  days  after  such  order  and 
proof  of  publication  is  made  not  later  than  20  days  after  the  fourth 

1  Amended  Sept.  23,  1915.  ^  Amended  Nov.  15,  1912. 


KULES  OF    PEACTICE. 


publication,  as  specified  in  Rule  10,  the  contest  shall  abate:  Provided., 
That  if  the  defendant  makes  answer  without  questioning  the  service 
or  the  proof  of  service  of  said  notice,  the  contest  will  proceed  with- 
out further  requirement  in  those  particulars. 

SERVING  NOTICE   BY  PXTBLICATION. 

Rule  9.  Notice  of  contest  may  be  given  by  publication  only  when 
it  appears,  by  affidavit  by  or  on  ])ehalf  of  the  contestant,  filed  within 
30  days  after  the  allowance  of  application  to  contest  and  within 
10  days  after  its  execution,  that  the  adverse  party  can  not  be  found, 
after  due  diligence  and  inquiry,  made  for  the  purpose  of  obtaining 
service  of  notice  of  contest  within  15  days  prior  to  the  presentation 
of  such  affidavit,  of  the  postmaster  at  the  place  of  address  of  such 
adverse  partj^  appearing  on  the  records  of  the  land  office  and  of  the 
postmaster  nearest  the  land  in  controversy  and  also  of  named  persons 
residing  in  the  vicinity  of  the  land. 

Such  affidavit  must  state  the  last  address  of  the  adverse  party  as 
ascertained  by  the  person  executing  the  same. 

The  published  notice  of  contest  must  give  the  names  of  the  parties 
thereto,  description  of  the  land  involved,  identification  by  appro- 
priate reference  of  the  proceeding  against  which  the  contest  is 
directed,  the  substance  of  the  charges  contained  in  the  affidavit  of 
contest,  and  a  statement  that  upon  failure  to  answer  within  20  days 
after  the  completion  of  publication  of  such  notice  the  allegations  of 
said  affidavit  of  contest  will  be  taken  as  confessed. 

The  affidavit  of  contest  need  not  be  published. 

There  shall  be  published  with  the  notice  a  statement  of  the  dates 
of  publication. 

Rule  10.^  Service  of  notice  by  publication  shall  be  made  by  pub- 
lishing notice  at  least  once  a  week  for  four  successive  weeks  in  some 
newspaper  published  in  the  county  wherein  the  land  in  contest  lies; 
and  if  no  newspaper  be  printed  in  such  county,  then  in  a  newspaper 
printed  in  the  county  nearest  to  such  land. 

Copy  of  the  notice  as  published,  together  with  copy  of  the  affidavit 
of  contest,  shall  be  sent  by  the  contestant  within  10  days  after  the 
first  publication  of  such  notice  by  registered  mail  directed  to  the 
party  for  service  upon  whom  such  publication  is  being  made  at  the 
last  address  of  such  party  as  shown  l)y  the  records  of  the  land  office 
and  also  at  the  address  named  in  the  affidavit  for  publication,  and 
also  at  the  post  office  nearest  the  land. 

Copy  of  the  notice  as  published  shall  be  posted  in  the  office  of  the 
register  and  also  in  a  conspicuous  place  upon  the  land  involved, 

1  Amended  Mar.  7,  1011. 


6  RULES   OP   PEACTICE. 

such  posting  to  be  made  within  10  days  after  the  first  publication  of 
notice  as  hereinabove  provided. 

Rule  11.  Proof  of  publication  of  notice  shall  be  by  copy  of  the 
notice  as  published  attached  to  and  made  a  part  of  the  affidavit  of 
the  publisher  or  foreman  of  the  newspaper  publishing  the  same, 
shoAving  the  publication  thereof  in  accordance  with  these  rules. 

Proof  of  posting  shall  be  by  affidavit  of  the  person  who  posted 
notice  on  the  land,  and  the  certificate  of  the  register  as  to  posting  in 
the  local  land  office. 

DEFECTIVE  SERVICE  OF  NOTICE. 

Rule  12.  No  contest  proceeding  shall  abate  because  of  any  defect 
in  the  manner  of  service  of  notice  in  any  case  where  copy  of  the 
notice  or  affidavit  of  contest  is  shown  to  have  been  received  by  the 
person  to  be  served ;  but  in  such  case  the  time  to  answer  may  be 
extended  in  the  discretion  of  the  register  and  receiver. 

ANSWER  BY  CONTESTEE. 

Rule  13.  Within  thirty  days  after  personal  service  of  notice  and 
affidavit  of  contest  as  above  provided,  or,,  if  service  is  made  by  publi- 
cation, within  twenty  days  after  the  fourth  publication,  as  pre- 
scribed by  these  rules,  the  party  served  must  file  with  the  register  and 
receiver  answer,  under  oath,  specifically  meeting  and  responding  to 
the  allegations  of  the  contest,  together  with  proof  of  service  of  a  copy 
thereof  upon  the  contestant  by  delivery  of  such  copy  at  the  address 
designated  in  the  application  to  contest,  or  personally  in  the  manner 
provided  for  the  personal  service  of  notice  of  contest. 

Such  answer  shall  contain  or  be  accompanied  by  the  address  at 
which  all  notices  or  other  papers  shall  be  sent  for  service  upon  the 
party  answering. 

FAILURE  TO  ANSWER. 

Rule  14.^  Upon  the  failure  to  serve  and  file  answer  as  herein  pro- 
vided, the  allegations  of  the  contest  will  be  taken  as  confessed,  and 
the  register  and  receiver  will  forthwith  forward  the  case,  with 
recommendation  thereon,  to  the  General  Land  Office,  and  notify  the 
parties  by  registered  mail  of  the  action  taken. 

DATE  AND  NOTICE  OF  TRIAL. 

Rule  15.  Upon  the  filing  of  answer  and  proof  of  service  thereof 
the  register  and  receiver  will  forthwith  fix  time  and  place  for  taking 
testimony,  and  notify  all  parties  thereof  by  registered-letter  mail  not 
less  than  20  days  in  advance  of  the  date  fixed. 

1  Amended  July  2, 1915. 


RULES   OF    PRACTICE.  7 

PLACE   OF  SERVICE   OF  PAPERS. 

Rux,E  16.  Proof  of  delivery  of  paj^ers  required  to  be  served  upon 
the  contestant  at  the  place  designated  underclause  "  A"  of  Rule  2  in 
the  application  to  contest,  and  upon  any  adverse  party  at  the  place 
designated  in  the  answer,  or  at  such  other  place  as  may  be  designated 
in  writing  by  the  person  to  be  served,  shall  be  sufficient  for  all  pur- 
poses ;  and  where  notice  of  contest  has  been  given  by  registered  mail, 
and  the  registry-return  receipt  shows  the  same  to  have  been  received 
by  the  adverse  party,  proof  of  delivery  at  the  address  at  which  such 
notice  was  so  received  shall,  in  the  absence  of  other  direction  hj 
such  adverse  party,  be  sufficient. 

Where  a  party  has  appeared  and  is  represented  by  counsel,  service 
of  papers  upon  such  counsel  shall  l)e  sufficient. 

CONTINUANCE. 

Rule  17.  Hearing  may  be  postponed  because  of  absence  of  a  mate- 
rial witness  when  the  party  applying  for  continuance  makes  affidavit, 
and  it  appears  to  the  satisfaction  of  the  officer  presiding  at  such  hear- 
ing, that — 

(a)  The  matter  to  which  such  witness  would  testify,  if  present,  is 
material. 

(h)  That  proper  diligence  has  been  exercised  to  procure  his  at- 
tendance, and  that  his  absence  is  without  procurement  or  consent  of 
the  party  on  whose  behalf  continuance  is  sought. 

(<?)  That  affiant  believes  the  attendance  of  said  witness  can  be  had 
at  the  time  to  which  continuance  is  sought. 

(d)   That  the  continuance  is  not  sought  for  mere  purposes  of  delay. 

Rule  18.  One  continuance  only  shall  be  allowed  to  either  party  on 
account  of  absence  of  witnesses,  unless  the  party  applying  for  further 
continuance  shall,  at  the  same  time,  apply  for  order  to  take  the  testi- 
mony of  the  alleged  absent  witnesses  by  deposition. 

Rule  19.  Xo  continuance  shall  be  granted  if  the  opposite  party 
shall  admit  that  the  Avitness  on  account  of  whose  absence  continuance 
is  desired  would,  if  present,  testify  as  stated  in  the  application  for 
continuance. 

Continuances  will  be  granted  on  behalf  of  the  United  States  when 
the  public  interest  requires  the  same,  without  affidavit  on  the  part 
of  the  Government. 

DEPOSITIONS   AND  INTERROGATORIES. 

Rule  20.  Testimony  may  be  taken  by  deposition  when  it  appears 
by  affidavit  that — 

(a)  The  Avitness  resides  more  than  .50  miles,  by  the  usual  traveled 
route,  from  the  phxc  of  trial. 


8  RULES   OF   PRACTICE. 

(h)  The  "W'itness  resides  without,  or  is  about  to  leave,  the  State  or 
Territory,  or  is  absent  therefrom. 

(c)  From  any  cause  it  is  apprehended  that  the  witness  may  be 
unable  to,  or  will  refuse  to,  attend  the  hearing,  in  which  case  the 
deposition  will  be  used  only  in  the  event  personal  attendance  of  the 
witness  can  not  be  obtained. 

Rule  21.  The  party  desiring  to  take  deposition  must  serve  upon 
the  adverse  part}'^  and  file  with  the  register  and  receiver  affidavit 
setting  forth  the  name  and  address  of  the  witness  and  one  or  more 
of  the  above-named  grounds  for  taking  such  deposition,  and  that  the 
testimon}'^  sought  is  material;  which  affidavit  must  be  accompanied 
by  proposed  interrogatories  to  be  propounded  to  the  witness. 

EuL,E  22.  The  adverse  party  will,  within  10  days  after  service  of 
affidavit  and  interrogatories,  as  provided  in  the  preceding  rule,  serve 
and  file  cross-interrogatories. 

Eltle  23.  After  the  expiration  of  10  daj^s  from  the  service  of  affi- 
davit for  the  taking  of  deposition  and  direct  interrogatories,  com- 
mission to  take  the  deposition  shall  be  issued  by  the  register  and 
receiver  directed  to  any  officer  authorized  to  administer  oaths  within 
the  county  where  such  deposition  is  to  be  taken,  which  commission 
shall  be  accompanied  by  a  copy  of  all  interrogatories  filed. 

Ten  days'  notice  of  the  time  and  place  of  taking  such  deposition 
shall  be  given,  by  the  party  in  whose  behalf  such  deposition  is  to  be 
taken,  to  the  adverse  party. 

Rule  24.  The  officer  before  whom  such  deposition  is  taken  shall 
cause  each  interrogatory  to  be  written  out,  and  the  answer  thereto 
inserted  immediately  thereafter,  and  said  deposition,  when  completed, 
shall  be  read  over  to  the  witness  and  by  him  subscribed  and  sworn  to 
in  the  usual  manner  before  the  witness  is  discharged,  and  said  officer 
will  thereupon  attach  his  certificate  to  said  deposition,  stating  that 
the  same  was  subscribed  and  sworn  to  at  the  time  and  place  therein 
mentioned. 

Rule  25.  The  deposition,  when  completed  and  certified  as  afore- 
said, together  with  the  commission  and  interrogatories,  must  be 
inclosed  in  a  sealed  package,  indorsed  with  the  title  of  the  proceed- 
ing in  which  the  same  is  taken,  and  returned  by  mail  or  express  to 
the  register  and  receiver,  who  will  indorse  thereon  the  date  of  recep- 
tion thereof,  and  the  time  of  opening  said  deposition. 

Rule  26.  If  the  officer  designated  to  take  the  deposition  has  no 
official  seal,  certificate  of  his  official  character  under  seal  must  accom- 
pany the  return  of  the  deposition. 

Rule  27.  Deposition  may,  by  stipulation  filed  with  the  register 
and  receiver,  be  taken  before  any  officer  authorized  to  administer 
oaths,  and  either  by  oral  examination  or  upon  written  interrogatories. 


RULES   OF    PRACTICE.  9 

Rule  28.  Testimony  may,  by  order  of  the  register  and  receiver  and 
after  such  notice  as  they  may  direct,  be  taken  by  deposition  before 
a  United  States  commissioner,  or  other  officer  authorized  to  adminis- 
ter oaths  near  the  land  in  controversy,  at  a  time  and  place  to  be 
designated  in  a  notice  of  such  taking  of  testimony.  The  officer 
before  whom  such  testimony  is"  taken  will,  at  the  completion  of  the 
taking  thereof,  cause  the  same  to  be  certified  to,  sealed,  and  trans- 
mitted to  the  register  and  receiver  in  the  like  manner  as  is  provided 
with  reference  to  depositions. 

Rlt^e  29.  No  charge  will  be  made  by  the  register  and  receiver 
for  examining  testimony  taken  by  deposition. 

Rule  30.  Officers  designated  to  take  testimony  will  be  allowed  to 
charge  such  fees  as  are  chargeable  for  similar  services  in  the  local 
courts,  the  same  to  be  taxed  in  the  same  manner  as  costs  are  taxed 
by  registers  and  receivers. 

Rule  31.  Wlien  the  officer  designated  to  take  deposition  can  not 
act  at  the  time  fixed  for  taking  the  same,  such  deposition  may  be 
taken  at  the  same  time  and  place  before  any  other  qualified  officer 
designated  for  that  purpose  by  the  officer  named  in  the  commission 
or  by  agi'eement  of  the  parties. 

Rule  32.  No  order  for  the  taking  of  testimony  shall  be  issued  until 
after  the  expiration  of  time  allowed  for  the  filing  of  answer. 

TRIALS. 

Rule  33.  The  register  and  receiver  and  other  officers  taking  tes- 
timony may  exclude  from  the  trial  all  witnesses  except  the  one 
testifying  and  the  parties  to  the  proceeding. 

Rule  34.  The  register  and  receivei-  will  be  careful  to  reach,  if 
possible,  the  exact  condition  and  status  of  the  land  involved  in  any 
contest,  and  will  ascertain  all  the  facts  having  any  bearing  upon 
the  rights  of  parties  in  interest ;  to  this  end  said  officers  should,  when- 
ever necessary,  personally  interrogate  and  direct  the  examination  of 
a  witness. 

Rule  35.  In  preemption  cases  the  register  and  receiver  will  par- 
ticularly ascertain  the  nature,  extent,  and  value  of  alleged  improve- 
ments ;  by  whom  made,  and  when ;  the  true  date  of  the  settlement  of 
persons  claiming;  the  steps  taken  to  mark  and  secure  the  claim;  and 
the  exact  status  of  the  land  at  that  date  as  shown  upon  the  records 
of  their  office. 

Rule  36.  In  like  manner,  under  the  homestead  and  other  laws,  the 
conditions  affecting  the  inception  of  the  alleged  right,  as  well  as  the 
subsequent  acts  of  the  respective  claimants,  must  be  fully  and  spe- 
cifically examined. 

Rule  37.  Due  opj)()itunity  will  be  allowed  opposing  claimants  to 
cross-examine  witnesses. 
14551°— 15 2 


10  RULES   OF   PRACTICE. 

EuLE  38.  Objections  to  evidence  will  be  duly  noted,  but  not  ruled 
upon,  by  the  register  and  receiver,  and  such  objections  will  be  con- 
sidered by  the  commissioner.  Officers  before  whom  testimony  is 
taken  will  summarily  stop  examination  which  is  obviously  irrelevant. 

EuLE  39.  At  the  time  set  for  hearing,  or  at  any  time  to  which  the 
trial  may  be  continued,  the  testimony  of  all  the  witnesses  present 
shall  be  taken  and  reduced  to  writing. 

When  testimony  is  taken  in  shorthand  the  stenographic  notes  must 
be  transcribed,  and  the  transcription  subscribed  by  the  witness  and 
attested  by  the  officer  before  whom  the  testimony  was  taken:  Pro- 
■rided,  however^  That  wdien  the  parties  shall,  1)y  stipulation,  filed  with 
the  record,  so  agree,  or  when  the  defendant  has  failed  to  appear,  or 
fails  to  participate  in  the  trial,  and  the  contestant  shall  in  writing 
so  request,  such  subscription  may  be  dispensed  with. 

The  transcript  of  testimony  shall,  in  all  cases,  be  accompanied  by 
certificate  of  the  officer  or  officers  before  whom  the  same  was  taken, 
showing  that  each  witness  was  duly  sworn  before  testifying,  and,  by 
affidavit  of  the  stenographer  who  took  the  testimony,  that  the  tran- 
scription thereof  is  correct. 

Rule  40.  If  a  defendant  demurs  to  the  sufficiency  of  the  evidence, 
the  register  and  receiver  will  forthwith  rule  thereon.  If  such  de- 
murrer is  overruled,  and  the  defendant  elects  to  introduce  no  evi- 
dence, no  further  opportunity  will  be  afforded  him  to  submit  proofs. 

"V\Tien  testimony  is  taken  before  an  officer  other  than  the  register 
and  receiver,  demurrer  to  the  evidence  wdll  be  received  and  noted, 
but  no  ruling  made  thereon,  and  the  taking  of  evidence  on  behalf 
of  the  defendant  wall  be  proceeded  with ;  the  register  and  receiver 
will  rule  upon  such  demurrer  when  the  record  is  submitted  for  their 
consideration. 

If  said  demurrer  is  sustained,  the  register  and  receiver  will  not  be 
required  to  examine  the  defendant's  testimony.  If,  however,  the  de- 
murrer be  overruled,  all  the  evidence  will  be  considered  and  decision 
rendered  thereon. 

Upon  the  completion  of  the  evidence  in  a  contest  proceeding,  the 
register  and  receiver  will  render  joint  report  and  opinion  thereon, 
making  full  and  specific  reference  to  the  posting  and  annotations 
upon  their  records. 

EuLE  41.  The  register  and  receiver  will,  in  writing,  notify  the  par- 
ties to  any  proceeding  of  the  conclusion  therein,  and  that  15  days 
will  be  allowed  from  the  receipt  of  such  notice  to  move  for  new  trial 
upon  the  ground  of  newly  discovered  evidence,  and  that  if  no  motion 
for  new  trial  is  made,  30  days  will  be  allowed  from  the  receipt  of 
such  notice  within  which  to  appeal  to  the  commissioner. 


RULES  OF    PRACTICE.  11 

NEW  TRIAL. 

Ruijj  42.  The  decision  of  the  register  and  receiver  will  be  vacated 
and  new  trial  granted  only  upon  the  ground  of  newly  discovered 
evidence,  in  accordance  with  the  practice  applicable  to  new  trials 
in  courts  of  justice:  Provided^  however,  That  no  such  application 
shall  be  granted  except  upon  showing  that  the  substantial  rights  of 
the  applicant  have  been  injuriously  affected. 

No  appeal  will  be  allowed  from  an  order  granting  new  trial,  but 
the  register  and  receiver  will  proceed  at  the  earliest  practicable  time 
to  retry  the  case,  and  will,  so  far  as  possible,  use  the  testimony  there- 
tofore taken  without  reexamination  of  same  witnesses,  confining  the 
taking  of  testimony  to  the  newly  discovered  evidence. 

Rule  43.  Notice  of  motion  for  new  trial,  setting  forth  the  grounds 
thereof,  and  accompanied  by  copies  of  all  papers  not  already  on  file 
to  be  used  in  support  of  such  motion,  shall  be  served  upon  the  adverse 
party,  and,  together  with  proof  of  service,  filed  with  the  register  and 
receiver  not  more  than  15  days  after  notice  of  decision;  the  adverse 
party  shall,  within  10  days  after  such  notice,  serve  and  file  affidavits 
or  other  papers  to  be  used  by  him  in  opposition  to  such  motion. 

Rule  44.  Motions  for  new  trial  will  not  be  considered  or  decided 
in  the  first  instance  by  the  commissioner  or  the  Secretary  of  the 
Interior,  or  otherwise  than  on  review  of  the  decision  thereof  by  the 
register  and  receiver. 

Rule  45.  If  motion  for  new  trial  is  not  made,  or  if  made  and 
not  allowed,  the  register  and  receiver  will,  at  the  expiration  of  the 
time  for  appeal,  promptly  forward  the  same,  with  the  testimony  and 
all  papers  in  the  case,  to  the  commissioner,  with  letter  "»f  transmittal, 
describing  the  case  by  its  title,  nature  of  the  contest,  and  the  land 
involved. 

The  local  officers  will  not,  after  forwarding  of  decision,  as  above 
provided,  take  further  action  in  the  case  unless  so  instructed  by  the 
commissioner. 

FINAL  PROOF  PENDING   CONTEST. 

Rule  46.  Where  trial  of  a  contest  brought  against  any  entry  or 
filing  has  taken  place,  the  entryman  may  submit  final  proof  and  com- 
plete the  same,  with  the  exception  of  payment  of  the  purchase  money 
or  commissions,  as  the  case  may  be;  such  final  proof  will  be  retained 
in  the  local  office,  and,  should  the  entry  be  adjudged  valid,  will,  if 
satisfactory,  be  accepted  upon  payment  of  the  purchase  money  or 
commissions,  and  final  certificate  will  issue  without  further  action 
on  the  part  of  the  entryman,  except  the  furnishing  by  him,  or  in  case 
of  his  death  by  his  legal  representatives,  of  nonalienation  affidavit. 


12  BULES   OF   PRACTICE. 

Ill  siicli  cases  the  party  making  the  proof  will  at  the  time  of  sub- 
mitting same  be  required  to  pay  the  fees  for  reducing  the  testimony 
to  writing. 

APPEALS  TO   COMMISSIONER. 

Rule  47.  No  appeal  from  the  action  or  decision  of  the  register  and 
receiver  will  be  considered  unless  notice  thereof  is  served  and  filed 
Avith  the  local  officers  in  the  manner  and  within  the  time  specified  in 
these  rules. 

Rule  48.  Notice  of  appeal  from  the  decision  of  the  register  and 
receiver  shall  be  served  and  filed  with  such  register  and  receiver 
within  30  days  after  receipt  of  notice  of  decision :  Provided^  how- 
ever, That  when  motion  for  new  trial  is  presented  and  denied,  notice 
of  such  appeal  shall  be  served  within  15  days  after  receipt  of  notice 
of  the  denial  of  said  motion. 

Rule  49.  No  person  who  has  failed  to  answer  the  contest  affidavit, 
or,  having  answered,  has  failed  to  appear  at  the  hearing,  shall  be 
allowed  an  appeal  from  the  final  action  or  decision  of  the  register 
and  receiver. 

Rule  50.  Such  notice  of  appeal  must  be  in  writing,  and  set  forth 
in  clear,  concise  language  the  grounds  of  the  appeal ;  if  such  appeal 
be  taken  upon  the  ground  of  insufficiency  of  the  evidence  to  justify 
the  decision,  the  particulars  of  such  insufficiency  must  be  specifically 
set  forth  in  the  notice,  and,  if  error  of  law  is  urged  as  a  ground  for 
such  appeal,  the  alleged  error  must  be  likewise  specified. 

Upon  failure  to  serve  and  file  notice  of  appeal  as  herein  provided 
the  case  will  be  closed. 

Rule  51.  When  any  party  fails  to  move  for  a  new  trial  or  to 
appeal  from  the  decision  of  the  register  and  receiver  within  the  time 
specified,  such  decision  shall,  as  to  such  party,  be  final  and  will  not 
be  disturbed  except  in  case  of — 

{a)   Fraud  or  gross  irregularity. 

{h)  Disagreement  in  the  decision  between  the  register  and  receiver. 

No  case  will  be  remanded  for  any  defect  which  does  not  materially 
affect  the  aggrieved  party. 

Rule  52.  All  documents  received  by  the  local  officers  must  be  kept 
on  file  and  the  date  of  filing  noted  thereon;  no  papers  will,  under 
any  circumstances,  be  removed  from  the  files  or  from  the  custody  of 
the  register  and  receiver,  but  access  to  the  same,  under  proper  regu- 
lations, and  so  as  not  to  interfere  with  transaction  of  public  business, 
will  be  permitted  to  the  parties  or  their  attorneys. 

COSTS  AND  APPORTIONMENT  THEREOF. 

Rule  53.  A  contestant  claiming  preference  right  of  entry  under 
the  second  section  of  the  act  of  May  14,  1880  (21  Stat.,  140),  must 


RULES   OF    PRACTICE.  13 

pay  the  costs  of  contest.  In  other  cases  each  party  must  pay  the 
cost  of  taking  the  direct  examination  of  his  own  witnesses  and  the 
cross-examination  on  his  behalf  of  other  witnesses ;  the  cost  of  noting 
motions,  objections,  and  exceptions  must  be  paid  by  the  party  on 
whose  behalf  the  same  are  made. 

Rule  54.  Accumulation  of  excessive  costs  will  not  be  permitted. 
When  the  officer  before  whom  testimony  is  being  taken  shall  rule  that 
a  course  of  examination  is  irrelevant,  the  same  will  not  proceed 
except  at  the  sole  cost  of  the  party  insisting  thereon  and  upon  his 
depositing  the  amount  reasonably  sufficient  to  pay  therefor. 

Rule  55.  Wliere  a  party  contesting  a  claim  shall  by  virtue  of 
actual  settlement  and  improvement  establish  his  right  of  entry  of  the 
land  in  contest  under  the  preemption,  homestead,  or  desert-land  laws 
by  virtue  of  settlement  and  improvement  without  reference  to  the  act 
of  May  14,  1880,  the  costs  of  contest  will  be  imposed  as  prescribed  in 
the  second  clause  of  Rule  53. 

Rule  56.  The  only  cost  of  contest  chargeable  by  registers  and 
receivers  are  the  legal  fees  for  reducing  testimony  to  writing.  No 
other  contest  fees  or  costs  will  be  allowed  to  or  charged  by  those 
officers,  directly  or  indirectly. 

Rule  57.  Registers  and  receivers  may  at  any  time  require  either 
party  to  give  security  for  costs,  including  expense  of  taking  and 
transcribing  testimony. 

Rule  58.  Upon  the  filing  of  the  transcript  of  the  testimony  in  the 
local  office,  any  excess  in  the  sum  deposited  as  security  for  costs  of 
transcribing  testimony  will  be  returned  to  the  parties  depositing  the 
same. 

Rule  59.  When  hearings  are  ordered  on  behalf  of  the  Government, 
all  costs  incurred  on  its  behalf  will  be  f)aid  from  the  proper  appro- 
priation, and  when,  upon  the  discovery  of  reason  for  suspension  in 
the  usual  course  of  examination  of  entries  and  contest,  hearings  are 
ordered  between  contending  parties,  the  costs  will  be  paid  as  required 
by  Rule  53. 

Rule  60.  The  costs  provided  for  by  the  preceding  rules  will  be  col- 
lected by  the  receiver  when  the  parties  are  brought  before  him  in 
obedience  to  the  order  for  hearing. 

Rule  61.  The  receiver  will  append  to  the  report  in  each  case  a 
statement  of  costs,  the  amount  actually  paid  by  each  of  the  parties, 
and  the  disposition  thereof. 

PREPARATION  OF  NOTICES. 

Rule  62.  All  notices  and  other  papers  not  required  to  be  served  by 
the  register  and  receiver  must  be  prepared  and  served  by  the  respec- 
tive parties. 


14  RULES   OF    PRACTICE. 

Rule  63.  The  register  and  receiver  will  require  proper  provision  to 
be  made  for  such  notices  not  specifically  provided  for  in  these  rules 
as  may  become  necessary  in  the  usual  progress  of  the  case  to  final 
decision. 

APPEAL    FBOH    DECISION    REJECTING    APPLICATION    TO    ENTER    PUBLIC    LANDS. 

Rule  64.  To  facilitate  appeals  from  the  action  of  local  officers  rela- 
tive to  applications  to  file,  enter,  or  locate  upon  the  public  lands,  the 
register  and  receiver  will — 

(a)  Indorse  upon  every  rejected  application  the  date  of  presenta- 
tion and  reasons  for  rejection. 

(h)  Promptly  advise  the  party  in  interest  of  their  action  and  of  his 
right  of  appeal. 

(c)   Note  upon  their  records  a  memorandum  of  the  transaction. 

Rule  65.  The  party  aggrieved  will  be  allowed  30  days  from  receipt 
of  notice  in  which  to  file  notice  of  appeal  in  the  local  land  office.  The 
notice  of  appeal,  when  filed,  will  be  forwarded  to  the  General  Land 
Office  with  full  report  upon  the  case,  which  should  recite  all  the  facts 
and  proceedings  had,  and  must  embrace  the  following  particulars : 

(a)  The  original  application,  with  reasons  for  the  rejection  thereof. 

(h)  Description  of  the  tract  involved  and  statement  of  its  status,  as 
shown  by  the  records  of  the  local  office. 

(c)  Reference  to  all  entries,  filings,  annotations,  memorandum,  and 
correspondence  shown  by  the  record  relating  to  said  tract  and  to  the 
proceedings  had. 

11. 

PROCEEDINGS  BEFORE  SURVEYORS  GENERAL. 

Rule  66.  The  proceedings  in  hearings  and  contests  before  sur- 
veyors general  shall,  as  to  notices,  depositions,  and  other  matters,  be 
governed  as  nearly  as  msij  be  by  the  rules  prescribed  for  proceedings 
before  registers  and  receivers,  unless  otherwise  provided  by  law. 

III. 

PROCEEDINGS   BEFORE   THE   COMMISSIONER  OF   THE   GENERAL   LAND   OFFICE 
AND   SECRETARY   OF  THE   INTEKIOR. 

EXAMINATION  AND  ARGUMENT. 

Rule  67.  The  commissioner  will  cause  notice  to  be  given  to  each 
party  in  interest  whose  address  is  known  of  any  order  or  decision 
affecting  the  merits  of  the  case  or  the  regular  order  of  proceedings 
therein. 


RULES   OF    PEACTICE.  15 

ExjLE  68.  No  additional  evidence  will  be  admitted  or  considered 
by  the  commissioner  miless  offered  under  stipulation  of  the  parties 
or  in  support  of  a  mineral  application  or  protest :  Provided^  however, 
that  the  commissioner  may  order  further  investigation  made  or  evi- 
dence submitted  upon  particular  matters  to  be  by  him  specifically 
designated. 

Affidavits  or  other  ex  parte  statements  filed  in  the  office  of  the 
commissioner  will  not  be  considered  in  finally  determining  any  con- 
troversy upon  the  merits. 

Rule  69.  After  receipt  of  the  record  by  the  commissioner  30 
days  will  be  allowed  to  expire  before  any  action  is  taken  thereon, 
unless,  in  the  judgment  of  the  commissioner,  public  policy  or  private 
necessity  shall  require  summary  action,  in  which  event  he  will  pro- 
ceed at  his  discretion,  first  notifying  the  attorneys  of  record  of  his 
intention  so  to  do :  Provided,  That  where  no  appeal  has  been  filed  the 
case  may  be  immediately  considered  and  disposed  of. 

Rule.  70.  If  brief  is  not  filed  before  a  case  is  reached  in  its  order 
for  examination,  the  argument  will  be  considered  closed,  and  no  fur- 
ther argument  or  motion  of  any  kind  will  be  entertained,  except  upon 
application  and  upon  good  cause  appearing  to  the  commissioner 
therefor. 

Rule  71.  In  the  discretion  of  the  commissioner,  oral  argument 
may  be  presented,  at  a  time  to  be  fixed  by  him  and  upon  notice  to 
opposing  counsel,  which  notice  shall  specify  the  time  for  such  argu- 
ment and  the  specific  matter  to  be  discussed.  Except  as  herein  pro- 
vided, oral  hearings  or  suggestions  will  not  be  allowed. 

REHEARINGS. 

Rlue  72.  No  motion  for  rehearing  of  any  decision  rendered  by 
the  Commissioner  of  the  General  Land  Office  will  be  allowed. 

MOTIONS. 

Rule  T3.  No  motion  shall  be  entertained  or  considered  in  any  case 
after  the  record  has  been  transmitted  to  a  reviewing  officer. 

In  ex  parte  cases,  where  the  entryman  has  been  allowed  by  the 
commissioner  to  furnish  additional  evidence  or  to  show  cause,  or,  in 
the  alternative,  to  appeal,  both  the  evidence  or  showing  and  the 
appeal  are  filed,  the  commissioner  shall  pass  upon  the  evidence  or 
showing  submitted,  and,  if  found  sufficient,  note  the  appeal  as  closed. 
If  such  evidence  or  showing  be  found  insufficient,  the  appeal  will  be 
forwarded  to  the  Secretary  as  in  other  cases. 


16  RULES   OF    PRACTICE. 

APPEAL  FROM  THE  COMMISSIONER  TO  THE  SECRETARY. 

Rule  74.  Except  as  herein  otherwise  provided,  an  appeal  may  be 
taken  to  the  Secretary  of  the  Interior  from  the  final  decision  of  the 
commissioner  in  any  proceeding  relating  to  the  disposal  of  the  public 
lands  and  private  claims. 

Eui>E  75.  No  appeal  shall  be  had  from  the  action  of  the  commis- 
sioner affirming  the  decision  of  the  local  officers  in  any  case  where  the 
party  adversely  affected  shall  have  failed  to  appeal  from  the  decision 
of  said  local  officers. 

Rule  76.  Notice  of  appeal  from  the  commissioner's  decision  must 
be  served  upon  the  adverse  party  and  filed  in  the  office  of  the  register 
and  receiver  or  in  the  General  Land  Office  within  30  days  from  the 
date  of  service  of  notice  of  such  decision. 

Rule  77.  "\^^ien  the  commissioner  considers  an  appeal  defective 
he  Avill  notify  the  party  thereof;  and  if  the  defect  be  not  cured 
within  15  days  from  the  date  of  receipt  of  such  notice,  the  appeal 
may  be  dismissed  and  the  case  closed. 

Rule  78.  In  proceedings  before  the  commissioner  in  which  he  shall 
decide  that  a  party  has  no  right  to  appeal  to  the  Secretary,  such 
party  may  apply  to  the  Secretary  for  an  order  directing  the  com- 
missioner to  certify  said  proceedings  to  the  Secretary  and  suspend 
action  until  the  Secretary  shall  pass  upon  the  same ;  such  application 
shall  be  in  writing,  under  oath,  and  fully  and  specifically  set  forth 
the  grounds  upon  which  the  same  is  made. 

Rule  79.  When  the  commissioner  shall  decide  against  the  right  of 
appeal  he  will  suspend  action  on  the  case  for  20  days  from  service 
of  notice  of  such  decision  to  enable  the  party  against  whom  the 
decision  is  rendered  to  apply  to  the  Secretary  for  an  order  certifying 
the  record  as  hereinabove  provided. 

Rule  80.  The  appellant  will  be  allowed  20  days  after  service  of 
notice  of  appeal  within  which  to  serve  and  file  brief  and  specifica- 
tion of  error,  as  provided  by  Rule  50,  the  adverse  party  20  days 
after  service  of  such  within  which  to  serve  and  file  reply  thereto; 
appellant  will  be  allowed  10  days  after  service  of  such  reply  within 
which  to  serve  and  file  response:  Provided^  however^  That  if  either 
party  is  not  represented  by  counsel  having  offices  in  the  city  of  Wash- 
ington, 10  days  in  addition  to  each  period  above  specified  will  be 
allowed  within  which  to  serve  and  file  the  respective  briefs. 

No  arguments  otherwise  than  above  provided  shall  be  made  or 
filed  without  permission  of  the  Secretary  or  commissioner  granted 
upon  notice  to  the  adverse  party. 

Rule  81.  Examination  of  cases  will  be  facilitated  by  filing  argu- 
ments in  printed  form. 


RULES  OF   PRACTICE.  17 

ORAL  ARGUMENT  BEFORE  THE  SECRETARY. 

RtTLE  82.^  Oral  argument  in  any  case  pending  before  the  Secretary 
of  the  Interior  will  be  allowed,  on  motion,  in  the  discretion  of  the 
Secretary,  at  a  time  to  be  fixed  by  him,  after  notice  to  the  parties. 
The  counsel  for  each  party  will  be  allowed  only  one-half  an  hour, 
unless  an  extension  of  time  is  ordered  before  the  argument  begins. 

REHEARING  OF  SECRETARY'S  DECISION. 

Rule  83.^  Motions  for  rehearing  before  the  Secretary  must  be 
filed  within  30  days  after  receipt  of  notice  of  the  decision  complained 
of  and  will  act  as  a  supersedeas  of  the  decision  until  otherwise  di- 
rected by  the  Secretary.  Such  motions,  briefs,  and  arguments  must 
not  be  served  on  the  opposite  party  and  must  be  filed  directly  with 
the  Secretary  of  Interior,  Washington,  D.  C. 

Any  such  motion  must  state  concisely  and  specifically  the  grounds 
upon  which  the  motion  for  rehearing  is  based  and  be  accompanied 
by  brief  and  argiiment  in  support  thereof. 

If  proper  grounds  are  not  shown  the  rehearing  will  be  denied  and 
sent  to  the  files  of  the  General  Land  Office,  whereupon  the  commis- 
sioner will  proceed  to  execute  the  decision  before  rendered.  If  upon 
examination  grounds  sufficient  for  rehearing  are  shown,  a  rehearing 
will  be  granted  and  the  moving  party  will  be  notified  that  he  will 
be  allowed  15  days  from  receipt  of  notice  within  which  to  serve  a 
copy  of  his  motion,  together  with  all  argument  in  support  thertv"  ' 
on  the  opposite  party,  who  will  be  allowed  30  days  thereafter  in 
which  to  file  and  serve  answer,  brief,  and  argument.  Thereafter  the 
cause  or  matter  will  be  again  considered  and  appropriate  action 
taken,  which  may  consist  either  in  adhering  to  the  former  decision 
or  modifying  or  vacating  the  same,  or  the  making  of  any  further  or 
other  order  deemed  warranted. 

As  applied  to  the  Territory  of  Alaska,  the  periods  of  time  granted 
by  this  rule  shall  be  doubled. 

MOTIONS  FOR  REVIEW  AND  REREVIEW. 

Rule  84.  Motions  for  review  and  rereview  are  hereby  abolished. 

SUPERVISORY  POWER  OF  SECRETARY. 

Rule  85.  Motion  for  the  exercise  of  supervisory  power  will  be  con- 
sidered only  when  accompanied  by  positive  showing  of  extraordinary 
emergency  or  exigency  demanding  the  exercise  of  such  authority. 

In  proceedings  before  the  Secretary  of  the  Interior  the  same  rules 
shall  govern,  in  so  far  as  applicable,  as  are  provided  for  proceedings 
before  the  Commissioner  of  the  General  Land  Office. 

1  Amoncl?d  Nov.  6,  1911.  ^  Amended  Oct.  25,  1915. 


18  RULES   OF   PRACTIOE. 

Rule  86.  No  rule  here  prescribed  shall  be  construed  to  deprive  the 
Secretary  of  the  Interior  of  any  direct  or  supervisory  power  con- 
ferred upon  him  by  law. 

ATTORNEYS. 

Rule  87.^  Every  attorney,  before  practicing  before  the  Department 
of  the  Interior  and  its  bureaus,  must  comply  with  the  requirements 
of  the  regulations  prescribed  by  the  Secretary  of  the  Interior  pursu- 
ant to  section  5  of  the  act  of  July  4,  1884  (23  Stat.,  101). 

Rule  88.  In  all  cases  where  any  party  is  represented  by  attorney, 
such  attorney  will  be  recognized  as  fully  controlling  the  same  on 
behalf  of  his  client,  and  service  of  any  notice  or  other  paper  relating 
to  such  proceedings  upon  such  attorney  will  be  deemed  notice  to  the 
party  in  interest. 

'\^niere  a  party  is  represented  by  more  than  one  attorney  service  of 
notice  or  other  papers  upon  one  of  said  attorneys  shall  be  sufficient. 

Rule  89.  No  person  hereafter  appearing  as  a  party  or  attorney  in 
any  case  shall  be  entitled  to  notice  of  any  proceeding  therein  who 
does  not,  at  the  time  of  appearance,  file  in  the  office  in  which  the  case 
is  pending  a  statement  showing  his  name  and  post-office  address  and 
the  name  and  post-office  address  of  the  party  whom  he  represents. 

Rule  90.  Any  attorney  in  good  standing  employed,  and  whose 
appearance  is  regularly  entered  in  any  case  pending  before  the  de- 
triment, will  be  allowed  full  opportunity  to  consult  the  records 
therein,  together  with  abstracts,  field  notes,  tract  books,  and  corre- 
spondence which  is  not  deemed  privileged  and  confidential. 

Rule  91.  Verbal  or  other  inquiries  by  parties  or  counsel  directed 
to  any  employee  of  the  department,  except  the  commissioner,  assist- 
ant commissioner,  or  chief  of  division  of  the  General  Land  Office,  or 
the  Secretary  and  Assistant  Secretary,  the  Solicitor,  or  the  first  as- 
sistant attorney  in  the  offices  of  the  Secretary  of  the  Interior,  or  with 
the  consent  of  one  or  more  of  said  officers,  is  expressly  forbidden. 

Rule  92.  Abuse  of  the  privilege  of  examining  records  of  the  de- 
partment or  violation  of  the  foregoing  rule  by  any  attorney  will  be 
treated  as  sufficient  cause  for  institution  of  disbarment  proceedings. 

SERVICE   OF  NOTICES. 

Rule  94.  Fifteen  days,  exclusive  of  the  day  of  mailing,  will  be 
allowed  for  the  transmission  of  notice  or  other  papers  by  mail  from 
the  General  Land  Office,  except  in  case  of  notice  to  resident  attorneys, 
in  which  case  one  day  will  be  allowed. 

In  computing  time  for  service  of  papers  under  these  rules  of  prac- 
tice the  first  day  shall  be  excluded  and  the  last  day  included:  Pro- 

1  Amended  Apr.  9,  1915. 


EULES   OF    PEACTICE.  19 

vided^  however^  That  where  the  last  day  falls  on  Sunday  or  a  legal 
holiday,  such  time  shall  include  the  next  following  business  day. 

EuLE  95.  Notice  of  all  motions  and  proceedings  before  the  com- 
missioner or  Secretary  shall  be  served  upon  parties  or  counsel  per- 
sonally or  by  registered  mail,  and  no  motion  will  be  entertained  ex- 
cept on  proof  of  service  of  notice  thereof. 

Rule  96.  Ex  parte  proceedings  and  proceedings  in  which  the 
adverse  party  does  not  appear  will,  as  to  notice  of  decision,  time  for 
appeal,  and  filing  of  exceptions  and  argiTments,  be  governed  by  the 
rules  prescribed  in  other  cases,  so  far  as  the  same  are  applicable.  In 
such  cases  the  commissioner  or  Secretary  may,  pursuant  to  applica- 
tion and  upon  good  cause  being  shown  therefor,  permit  additional 
evidence  to  be  presented  for  the  purpose  of  curing  defects  in  the 
proofs  of  record. 

INTERVENTION. 

RmLE  97.  No  person  shall  be  allowed  to  intervene  in  any  case 
except  upon  application  therefor,  under  oath,  showing  his  interest 
therein. 

HOW   TEANSFEREES   AND   INCrMBRANCERS   MAY   ENTITLE    THEMSELVES   TO 
NOTICE  OF  CONTEST  OR  OTHER  PROCEEDINGS. 

Rule  98.^  Transferees  and  incumbrancers  of  land  the  title  to  which 
is  claimed  or  is  in  process  of  acquisition  imder  any  public-land  law 
shall,  upon  filing  notice  of  the  transfer  or  incumbrance  in  the  district 
land  oflBce,  become  entitled  to  receive  and  be  given  the  same  notice 
of  any  contest  or  other  proceeding  thereafter  had  affecting  such 
land  which  is  required  to  be  given  the  original  entryman  or  claim- 
ant. Every  such  notice  of  a  transfer  or  incumbrance  must  be  forth- 
with noted  upon  the  records  of  the  district  land  office  and  be  promptly 
reported  to  the  General  Land  Office,  where  like  notation  thereof  will 
be  made.  Thereafter  such  transferee  or  incumbrancer,  as  well  as  the 
entryman,  must  be  made  a  party  defendant  to  any  proceeding  against 
the  entry. 

ACKNOWLEDGMENT  OF  THE  FILING  OF  APPLICATIONS  AND  OTHER  PAPERS. 

Rui.E  99.^  The  Secretary  and  the  Commissioner  of  the  General  Land 
Office  will  not  acknowledge  the  receipt  of  papers  forwarded  by  mail, 
but  if  a  prepared  receipt  is  forwarded  to  a  district  land  office  with 
any  paper  the  register  or  receiver  will  sign  and  return  the  receipt  to 
the  party  who  forwarded  the  same,  after  inserting  the  date  and  the 
serial  number. 

1  Adopted  Sept.  23,  1915.  2  Adopted  Nov.  10,  1915. 


INDEX. 

Rule. 

Affidavits,  ex  parte 68 

Appeal: 

To  commissioner 41,  47_5l 

In  contest  proceeding — 

By  whom 49 

Failure  to 51 

Notice  of 47,  48,  50 

From  rejection  of  application  to  enter 64 

Notice  of 65 

To    Secretary 74-81 

Brief  and  argument 80-81 

Certiorari 78,  79 

Defective 77 

Notice    of 76 

Wlien   allowed 74,  75 

Applications  to  enter: 

Appeals  from  rejection 65 

How  receipts  therefor  may  be  obtained 99 

Attorneys : 

Information,   requests   for 90,  92 

Notice  to 88,  89 

Oath 87 

Recognition 88 

Records,  examination  of 90,  92 

Violation  of  rules 92 

Briefs : 

Before  commissioner 70 

Before  Secretary 80-81 

Receipt  will  not  be  acknowledged  by  commissioner  or  Secretary 99 

Certiorari , 78,  79 

Commissioner  of  General  Land  Office;  proceedings  before: 

Action  not  taken  until  30  days  after  receipt  of  record 69 

Affidavits,  ex  parte 68 

Briefs 70 

Evidence,  additional 68 

Notice  of  decision 67 

Oral   argument 71 

Will  not  acknowledge  receipt  of  papers 99 

Contest: 

Abatement 8, 12 

Against  what ■ 1 

Allowance  by  local  officers : 4 

Answer  of  contestee 12-14 

Application 2 

21 


22  '  EULES    OF    PHACTICE. 

Contest — Continued.  Page. 

Continuance 17-19 

Corroboration 3 

Costs 53-63' 

Default 14 

Depositions 20-34 

Initiation 1 

Incumbrancer  and  mortgagee  to  be  made  party 98 

New    trial : 41^5 

Notice 5-13 

Service  of 6-13 

Personal '^ 

By  publication 9-11 

Proof  of  service 13 

Service  of  papers 16 

Testimony 34-36,39 

Trial,  date  and  notice  of 15 

Who  may  institute 1 

Witnesses 33-37 

Costs  of  contest: 

Contestant  and  contestee  generally 53 

Excess  deposits 58 

Excessive  costs  not  allowed 54 

Fees  of  local  officers 57 

Notices  not  required  by  local  officers 62 

Notices  not  specifically  provided  for  by  Rules  of  Practice 63 

Proceedings  by  Government 59 

Receiver  to  collect  costs 60 

Statement  of  costs  by  receiver 61 

Successful  contestant  by  virtue  of  settlement  and  improvement 55 

Cross-examination 37 

Decision  by  local  officers 40,  51 

Demurrer  to  evidence 40 

Deposition: 

Affidavit  and  interi'ogatories 2 

Certificate  of  officer 24 

Commission  to  take 23,  32 

Cross-interrogatories 22 

Fees 29,30 

Notice 23 

Official  character  of  officer 26 

Officer 23,  27,  28,  31 

Stipulation 27 

Testimony,  manner  of  taking 24 

Tranmittal  to  local  officers 25 

When   allowed 20 

Witnesses 33 

Documents  received  by  local  officers 52 

How  receipts  therefor  may  be  obtained 99 

Evidence: 

Additional;  when  admitted  by  commissioner 68 

Demurrer  to 40 

Ex  parte  affidavits 68 

Objection  to 38 


RULES  OF   PRACTICE.  ^3 

Fees:  Page. 

Depositions 29,30 

Reducing  testimony 46,  56 

Files  of  local  oflace 52 

Final  proof  pending  contest 46 

Hearing: 

Continuance 17. 18, 19 

Time  and  place 15 

Intervention 97 

Incumbrancer : 

Notice  of  interest  may  be  filed 98 

Mortgagee : 

When  entitled  to  notice ■. 98 

Motions: 

Not  entertained  after  transmittal  of  record  to  reviewing  officer 73 

Rehearing  before  Secretary 83 

Rehearing  before  commissioner  not  allowed 72 

Review  and  rereview  before  Secretary  abolished 84 

Supervisory  authority 85 

New  trial : 

Appeal  not  allowed  from  order  granting 42 

Local  officers  must  primarily  pass  upon  motion 44 

Newly  discovered  evidence 42 

Notice 43 

Proceeding  where  motion  is  denied 45 

Time  allowed  for 41 

Notice : 

Appeal  from  rejection  of  application  to  enter 65 

Appeal  to  Secretary . 76 

Appeal  to  commissioner 47,  48 

Attorney 88,  89 

Contest 5-13 

Decision  by  local  officers 41 

Decision  by  commissioner 67 

Deposition 23 

Incumbrancer 98 

Mail 94 

Mortgagee - 98 

Motions  and  proceedings  before  Secretary  and  commissioner 95 

New  trial 43 

Not  specifically  provided  for  by  rules 63 

Prepared  and  served  by  parties 62 

Trial 15 

Oral  argument: 

Before  Secretary 82 

Before  commissioner 71 

Preparation  of  notices 62-63 

Records: 

In  local  offices 52 

Inspection  by  attorney 90 

Rehearing: 

Decision  of  Secretary 83 

Decision  of  commissioner . 1 83 

Review  and  rereview 84 


24  RULES    OK    I'KACTICE. 

Rules  of  Practice:  Page. 

Do  not  (loprive  Secretary  of  supervisory  power — * 8G 

Secretary;  proceedings  before: 

Same  as  before  conunissioner,  so  far  as  applicable 85 

AVill  not  ackno\vled!j;e  the  receipt  of  papers 99 

Supervisory  authority  of  Secretary 85,86 

Surveyors  general 66 

Testimony: 

Before  local  officers 39 

By  deposition 20-34 

Trial: 

Date  and  notice  of 15 

Decision  of  local  officers 40,  41 

Demurrer  to  evidence 40 

Notice  of  decision,  right  of  appeal  and  nev?  trial 41 

Testimony 38,39 

Witnesses 33-37 

Witnesses : 

Cross-examination 37 

Exclusion  from  trial 33 

Personal  examination  by  local  officers 34—36 


o 


UVW  TJBHAltY 

UNH  ERSI7Y  OF  C  ALIFORHIA 
LOS  /NGELES 


Syracuse,  N.  Y. 
Siockton,  Calii. 


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